Terms and conditions

Preamble

This preamble forms an integral part of these General Terms and Conditions of Sale.

This document governs the offering and sale of clothing and accessories, as defined below, through the website https://scorpionbay.com (hereinafter the "Website"), owned by  Scorpion Bay S.p.A – VAT No. 00640480166, Via Sottoprovinciale 24, 24021 Albino (Bergamo), an Italian company engaged in the development, manufacture and marketing of clothing and accessories.

Products purchased through the Website are sold by Scorpion Bay S.p.A – VAT No. 00640480166, Via Sottoprovinciale 24, 24021 Albino (Bergamo), registered with the Bergamo Companies Register, REA BG 162156 (hereinafter the "Seller").

These General Terms and Conditions of Sale apply to transactions with consumers, defined as natural persons acting for purposes outside any business or professional activity they may carry out, and to the submission and acceptance of online purchase orders between the Seller and a consumer (Business-to-Consumer or B2C relationships). Such relationships are governed by Legislative Decree No. 206 of 6 September 2005 and Legislative Decree No. 70 of 9 April 2003.

The Seller invites Customers to read these General Terms and Conditions of Sale carefully before purchasing Products through the Website.

For assistance requests, order information or communications concerning Products, Customers may contact Customer Service through the dedicated "Contact" section.

  1. DEFINITIONS
  • In these General Terms and Conditions of Sale, the following terms have the meanings set out below:
    • Contract: the distance sales contract concerning a Product, entered into between the Customer and the Seller through the sales system operated on the Website. The Contract is concluded when the Customer receives the Order Confirmation.
    • Customer or "you": the end consumer, a natural person purchasing Products for purposes outside any business or professional activity they may carry out, who is authorised to use the Website in accordance with these General Terms and Conditions of Sale.
    • Order Confirmation: the document emailed by the Seller at the end of the purchase process, after payment, containing a summary of the Products purchased, the Price, shipping details, applicable charges and the total order amount (including VAT). The Order Confirmation also includes references to these General Terms and Conditions of Sale and the Seller corporate details. Receipt by the Customer marks the conclusion of the Contract.
    • Price: the amount payable by the Customer to purchase the Product, stated in euros and inclusive of VAT, unless otherwise indicated on the Website where permitted by law.
    • Product(s): clothing, accessories and related items sold through the electronic catalogue published on the Website, as described on the relevant product pages, including information about composition, styles, use and technical characteristics.

2. ORDER VALIDITY AND SELLER LIABILITY

  • The Seller reserves the right not to process orders placed by persons who do not meet the definition of Customer or orders that otherwise fail to comply with these General Terms and Conditions of Sale.
  • In the event of a computer, manual, technical or other error resulting in a material change in the Price, making it clearly negligible or excessive compared with the Product value (and objectively recognisable as anomalous under the Seller normal sales policies), the Contract shall be deemed invalid. The order will be cancelled and any amount paid will be refunded within 15 (fifteen) days of cancellation, following notification to the Customer.
  • The Seller reserves the right, including after an order has been submitted, to verify the Customer accuracy and good faith, particularly regarding the use of promotional codes, coupons or other discount mechanisms. If improper, irregular or non-compliant use is identified, including breaches of the promotional-code conditions communicated by the Seller, the Seller may cancel the order and inform the Customer of the reasons.
  • With regard solely to the development, manufacture, storage and marketing of Products, the Seller declares:

(i) that it meets the requirements imposed by applicable law for the manufacture and marketing of clothing and accessories; (ii) that it guarantees the Product compliance with Regulation (EU) No. 1007/2011, concerning textile products; (iii) that it ensures proper fulfilment of consumer information obligations, including composition, labelling, warnings and instructions for use, as required by applicable law and European guidelines;

  • The Seller continuously monitors use of the Website to prevent fraud, abusive conduct and unusual activity. Where orders appear suspicious or inconsistent with normal consumer use of the Website because of their quantity, frequency, monetary value, combination of products, use of discount codes or payment methods, the Seller may cancel the order after notifying the Customer. This category also includes multiple orders placed in quick succession using identical credentials, purchases involving attempts to circumvent commercial or promotional policies, and transactions presenting risks of fraud, security breaches or attempts to bypass the Website functional restrictions. The Seller may also cancel orders from users previously involved in disputes, cancellations due to misuse of the Website or breaches of these General Terms and Conditions of Sale. In the event of cancellation, any amount paid by the Customer will be refunded using the same payment method used for the order.

3. PURCHASING PROCEDURE

  • Products may be purchased only by persons aged 18 or over.
  • Orders may be placed either by registering on the Website or without creating an account. In either case, the Customer must provide the information required to process the order, payment and delivery. The information provided must be accurate, up to date and truthful.
  • Login credentials, where created, must be kept secure. The Customer is responsible for use of the account and for taking appropriate measures to prevent third-party access. The Customer must promptly notify the Seller of any suspected unauthorised use or security breach.
  • The Seller shall not be held responsible for delays, obstacles or service disruptions resulting from incomplete or incorrect information provided by the Customer.

4. CONCLUSION OF THE CONTRACT

  • By submitting an Order, the Customer declares full and unconditional acceptance of these General Terms and Conditions of Sale and undertakes to comply with them in dealings with the Seller. Submitting the Order also confirms that the Customer has read the additional information on the Website, the general terms of use and the personal data processing notice.
  • The Contract is deemed concluded when the Customer receives the Order Confirmation sent by the Seller. From that moment, the Order cannot be cancelled or amended, except as provided by law concerning the right of withdrawal or unless otherwise communicated by the Seller where the Order has not yet entered the preparation stage.
  • The Order Confirmation is stored in the Seller database. The Customer may consult it at any time by accessing the My Orders section of their Personal Account. For purchases made without registration, the Order Confirmation can be accessed through the Order Research function available on the Website.
  • The primary language used to conclude the Contract, complete the purchase process and communicate about the Order is Italian. Any versions of the Website in other languages are provided solely to facilitate navigation and do not constitute binding contractual versions. In the event of discrepancies or conflicting interpretations, the Italian version of these Terms and Conditions shall prevail over any translation.

5.  PRICES AND PROMOTIONS

  • Product Prices shown on the Website are stated in euros and include VAT. Any shipping costs are specified during checkout and disclosed before the Order is submitted.
  • The Seller may update Prices at any time, and the Customer accepts the Price displayed when the Order is submitted, without prejudice to the provisions concerning obvious errors in Article 2.b.
  • Promotions offered by the Seller, including price reductions, discount codes and initiatives relating to specific Products, cannot be combined unless otherwise stated on the Website or communicated by the Seller. Promotions remain valid within the stated time and quantity limits or, where applicable, while stocks last.

6. PRODUCT AVAILABILITY 

  • Orders are accepted subject to the availability of Products indicated on the Website. The Seller regularly updates the online catalogue to ensure that published availability reflects actual stock as closely as possible.
  • Submitting an Order does not guarantee final Product availability. High volumes of simultaneous visits or orders may cause stock levels to change during checkout.
  • If one or more Products cannot be delivered due to subsequent unavailability or logistical errors, the Customer is invited to contact Customer Service using the methods specified in Article 6 of the “Relevant Rules” section of these Terms and Conditions. Once non-shipment has been verified, the Seller will refund the corresponding amount or propose alternative solutions.
  • For promotions subject to limited availability, the Seller may accept an Order for a smaller quantity than requested, after notifying the Customer.
  • If ordered Products subsequently become unavailable, the Order may be cancelled. The Customer will be informed by email and the amount paid will be refunded in full.
  • Cancellation of an Order due to unavailability means that the contract is not concluded in respect of the affected Products. Any amount already charged will be refunded and the Customer will receive confirmation of the refund.
  • The Customer may request cancellation of an Order if it has not yet been processed for shipment. In that case, the Order will be cancelled and the parties mutual obligations will cease.
  • In the event of unforeseen logistical or organisational obstacles, the Seller may cancel the Order. The Customer will be informed by email and the amount paid will be refunded.
  • The Seller may refuse Orders where serious irregularities arise in the use of discount codes, false or misleading information is provided during purchase, or conduct interferes with the proper functioning of the Website. This decision will be clearly communicated to the Customer.
  • The Seller shall not be held liable for any damage arising from cancellation of an Order in the circumstances described above, without prejudice to the refund of amounts already paid by the Customer.

7. PRODUCT CHARACTERISTICS

  • Products offered on the Website are made using selected materials sourced from qualified suppliers, chosen in accordance with the Seller internal procedures and applicable textile product legislation. Each Product is developed and checked to ensure quality, safety and compliance with the standards laid down by Regulation (EU) No. 1007/2011.
  • The essential characteristics of Products are described on the relevant product information page on the Website, which includes, where required by law, details of materials, any instructions for use and other information useful to the Customer. Images and colours displayed on the Website are illustrative and may vary depending on the settings of the device used. For the precise identification of a Product, the description on its information page and the information on the label attached to its packaging shall apply.

8. SHIPPING, DELIVERY AND INSPECTION OF PRODUCTS

  • The Seller ships Products within Italy and to the countries indicated on the Website during checkout.
  • Delivery times are indicated during checkout and run from Order confirmation. Such times are estimates and may vary due to organisational reasons, traffic conditions, weather events, strikes, public holidays or circumstances beyond the Seller control. In any event, the Seller undertakes to deliver within the time limits prescribed by applicable law.
  • Shipping is free for orders of €90 or more in Italy and €150 or more in other EU countries, unless otherwise indicated on the Website. For lower order values, the shipping charges disclosed before Order submission apply.
  • If delivery cannot be completed because the Customer is absent from the specified address, the courier may make another attempt or leave instructions for collection at a holding location. If delivery is unsuccessful and the parcel is returned to the sender, the Customer is invited to contact Customer Service to request redelivery, where possible, or a refund of the amount paid. If the Customer provides no instructions within a reasonable period, the Order will be deemed cancelled and the amount paid will be refunded using the original payment method.
  • Upon delivery, the Customer must check that:
    (i) the number of packages delivered matches the shipping document; (ii) the packaging is intact and shows no signs of damage, tampering or opening; (iii) any seals are intact.
  • If visible irregularities are present, the Customer may accept the parcel subject to a specific written reservation clearly describing the issue, or refuse delivery and record the reason on the shipping document.
  • If the parcel is accepted subject to reservation or refused, the Customer must promptly inform Customer Service and provide:
    (i) a copy of the Order Confirmation and delivery note; (ii) clear photographs of the outside and inside of the parcel, including the shipping label and the damaged or irregular Product.
  • The documentation provided by the Customer enables the Seller to investigate the issue and initiate the refund procedure. Where compatible with the nature of the Product, the Seller may request that the received Product be sent back for assessment. If the complaint is substantiated, the Seller will refund the amount paid.
  • Once the shipping document has been signed without reservation, the Customer may not dispute external damage that was visible at delivery. Rights relating to defects not immediately detectable and the statutory guarantee under Articles 128 et seq. of the Consumer Code remain unaffected.

9. PAYMENTS

  • Product Prices are stated in euros and include VAT and any other taxes required by applicable law. Any fees charged by the provider of the chosen payment method remain payable by the Customer, including in the event of a refund.
  • Payment may be made using any method available during checkout. Options include credit or debit card, bank transfer, PayPal, Satispay and Scalapay (purchase in three interest-free instalments under the terms set by the relevant provider).
  • Where payment is made by credit or debit card, the transaction is processed through systems using advanced encryption protocols. The Seller never obtains full card details or stores security codes.
  • All payments on the Website are made through a secure connection (SSL and HTTPS protocol). The Customer warrants that they have the necessary authorisation to use the selected payment method and acknowledges that relationships with the card issuer, PayPal or Scalapay are independent of the Seller.

10. RIGHT OF WITHDRAWAL

  • Pursuant to Articles 52 et seq. of the Consumer Code, the Customer may exercise the right of withdrawal within 15 days of receiving the Products. ScorpionBay  S.p.A. During certain periods, to improve the shopping experience, the company may voluntarily extend this period and allow the Customer to withdraw more than 15 days after delivery, subject to the conditions set out below.
  • The right of withdrawal cannot be exercised in the cases provided for by Article 59 of the Consumer Code. With regard to Products sold on the Website, withdrawal is excluded where:
    • the Product is sealed and the seal has been broken, removed or damaged after delivery (removing the seal makes it impossible to verify the proper preservation and safety of the cosmetic product);
    • the Product has been opened, tried or used, even minimally, or shows signs of tampering;
    • the Product is intended for use involving direct contact with the skin, lips, eyes, mucous membranes or other sensitive areas and therefore cannot be resold once opened;
    • the Product has been personalised or made to the Customer specifications;
    • the Product forms part of a kit, gift set or bundle and an original component is missing, or the overall packaging has been tampered with.
  • The right of withdrawal may be exercised only for Products that are intact, unopened, unused, free from signs of tampering and complete with their original packaging, including any seals, protective films, labels, information inserts or accessories.
  • To exercise the right of withdrawal, the Customer must send an explicit notice to the Seller by email to the address indicated on the Website within 15 days of receiving the Products. The notice must include the order number and identify the Products concerned.
  • Products must be returned within 14 days of the withdrawal notice, following the Seller instructions. Return shipping costs are payable by the Customer.
  • The Seller will refund the amount paid, including standard delivery costs, within 14 days of receiving the withdrawal notice. The refund may be withheld until the Products have been received or the Customer has provided evidence of having shipped them.
  • The refund will be made using the payment method originally chosen by the Customer.
  • The Seller reserves the right to inspect the condition of returned Products. If Products are damaged, opened, used, missing their original packaging, components or accessories, or show signs of tampering incompatible with withdrawal, no refund, even partial, will be granted. In such cases, the Customer may choose to have the non-refundable Product shipped back at their own expense within 14 days of being notified of the inspection outcome. If no instructions are received within that period, the Product will be disposed of without further notice. 

11. WARRANTY AGAINST DEFECTS

  • The Seller delivers Products that conform to the sales contract and are free from defects of conformity within the meaning of Articles 128 et seq. of the Consumer Code. The statutory guarantee applies exclusively to Products purchased by Customers qualifying as consumers and extends throughout the territory in which Products are marketed through the Website.
  • The guarantee does not apply where a defect results from misuse, improper storage, inappropriate handling, impacts, exposure to heat or moisture, contact with unsuitable substances, failure to follow instructions on the label or product page, or other causes not attributable to the Seller.
  • The guarantee is also excluded where the alleged defect results from negligent or intentional conduct by the Customer, or where the Product has been altered after delivery for reasons not attributable to the Seller.
  • Customers receiving a damaged, incorrect or non-conforming Product must report it to Customer Service within a reasonable period, preferably within 48 hours of delivery, to allow the matter to be handled promptly. Failure to report within this period does not result in the loss of statutory rights, although prompt reporting facilitates investigation and protection of the Customer.
  • The statutory guarantee applies for 24 months from delivery of the Product. An action concerning a lack of conformity may be brought within 26 months of delivery, taking into account the two-month period granted to the Customer to report a defect from the time of discovery. To submit a claim, the Customer must contact Customer Service at the address indicated on the Website, specifying the order number, a detailed description of the issue and photographs or videos clearly showing the defect, batch and condition of the Product.
  • Upon receiving the report, the Seller will review the submitted documentation and may request additional information or evidence where necessary. If appropriate following preliminary assessment, the Seller may ask the Customer to return the Product for inspection.
  • The costs of returning a Product, where requested and authorised by the Seller, shall be borne by the Seller. Return authorisation does not automatically constitute acknowledgement of a defect, which will be established only after examination of the returned Product.
  • If requested, the Customer must return the Product in its original packaging or suitable packaging that protects it during transit. The Product must not be handled beyond what is necessary to document the defect.
  • A Product authorised for return must be sent back within 14 days of the authorisation notice. Shipping instructions will be provided by Customer Service.
  • Once a lack of conformity has been confirmed, the Seller will, in accordance with the Consumer Code, restore conformity or, where this is impossible or disproportionate for the type of Product, refund the amount paid, including standard delivery costs. The refund will be made using the Customer original payment method or, if that is not possible, through an alternative agreed with the Customer at no additional cost.
  • Where return of a defective Product is not required for health and hygiene reasons, the Customer will be instructed to dispose of it in accordance with applicable law and not to use it in any way. In such cases, a refund will nevertheless be issued if the defect is confirmed.
  • Where a Product is purchased by a person who does not qualify as a consumer, the statutory guarantee under Articles 128 et seq. of the Consumer Code does not apply. Professional buyers are protected exclusively under the Civil Code. Any defect must be reported in writing within eight days of discovery and no later than sixty days after delivery. Any remedy involving replacement, repair or price reduction beyond that provided by the applicable provisions of civil law is excluded.

12. ALTERNATIVES TO RETURNING A PRODUCT

  • Request for replacement of a damaged Product

If the Customer receives a damaged or visibly altered Product, they may request an assessment by contacting Customer Service at the address indicated on the Website. The communication must include the order number and photographs or videos clearly showing the reported damage. The Seller will assess the documentation and may request further information or, if necessary, return of the Product for more thorough inspection. Following the assessment, the Seller will indicate whether replacement is possible or whether a refund is preferable for logistical or Product safety reasons.

  • Request for a partial refund

If there are differences in quality, quantity or description compared with the Products ordered (for example, an incorrect shade, an incorrect quantity or discrepancies with the product page), the Customer may report the issue to Customer Service in writing, attaching photographs or videos that clearly demonstrate the discrepancy. Following verification, the Seller may grant a partial refund where the nature of the discrepancy does not require return of the Product or where replacement is unnecessary.

13. PRODUCT RECALLS

  • If internal quality checks or reports from competent authorities reveal that a Product does not meet the safety requirements of Regulation (EU) No. 1007/2011 concerning textile products, the Seller will immediately take all necessary measures to suspend its sale and prevent its use by consumers.
  • If the non-compliant Product has already been delivered to the Customer, the Seller will initiate the recall procedure required by applicable law, promptly informing the Customer of:
    • the reasons for the recall;
    • any risks associated with using the Product;
    • the instructions for returning or safely disposing of the Product.
  • All costs relating to the recall, return or disposal of the Product will be borne by the Seller, at no cost to the Customer.

14.  LIMITATION OF LIABILITY

  • The Seller adopts appropriate technical and organisational measures to ensure transaction security and personal data protection in accordance with applicable professional and technological standards. The Seller cannot be held liable for fraudulent or unlawful use of payment methods by third parties where such events are not attributable to the Seller gross negligence or wilful misconduct.
  • The Seller shall not be liable for damage arising from improper, negligent or non-compliant use of Products by the Customer or third parties. Examples of non-compliant use include applying the Product to areas of the body for which it is not intended, failing to observe warnings on the label or information page, and improper storage after delivery.
  • The Seller is not responsible for alterations to Products occurring after delivery due to factors beyond its control, such as exposure to heat, moisture, external contamination or damage occurring after receipt. Damage resulting from the Customer intentional or negligent conduct is excluded from the guarantee.
  • Delays in processing or delivering Orders are not attributable to the Seller where they arise from force majeure or uncontrollable external circumstances (service interruptions, strikes, technical failures, traffic disruptions, adverse weather or other unforeseeable events). Liability remains only in cases of gross negligence or wilful misconduct.
  • The Seller shall not be liable in the circumstances set out in Article 118(b) and (e) of the Consumer Code. In particular, liability does not arise where the defect causing the damage did not exist when the Product was placed on the market or where the state of scientific and technical knowledge at that time did not allow the Product to be identified as defective.

15. FORCE MAJEURE

  • Events constituting force majeure include, by way of example, particularly severe natural events, fires, widespread power or communications network outages, strikes beyond the Seller control, measures taken by public authorities, pandemics, traffic blockages, incidents affecting IT systems outside the Seller control and any unforeseeable and unavoidable circumstance that makes performance of contractual obligations impossible or excessively burdensome.
  • During a force majeure event, the Seller contractual obligations are suspended for the duration of the impediment. Such suspension does not constitute breach of contract and does not entitle the Customer to additional compensation or damages, except in cases of wilful misconduct or gross negligence.
  • If a force majeure event affects the Seller ability to fulfil Orders, the Seller will promptly inform the Customer in writing, specifying the nature of the event and, where possible, an estimated timeframe for resuming operations.
  • If the force majeure event makes delivery permanently impossible or renders continuation of the Order unreasonable, the Seller may terminate the Contract. In that event, any amounts already paid by the Customer will be refunded using the same payment method used for the purchase, at no additional cost to the Customer.
  • This Article also applies to activities performed by third parties engaged by the Seller (such as carriers or IT service providers) where force majeure events are beyond the Seller control.

16. PROHIBITED USER CONDUCT

  • Users undertake to use the Website in accordance with the law and these General Terms and Conditions of Sale. Any activity that could compromise the proper operation of the platform is prohibited.
  • Any alteration, manipulation, decompilation, circumvention of security systems, copying or extraction of the Website technical or graphic content is prohibited, including activities intended to reproduce or reconstruct the platform structure, organisation or code.
  • Users may not use the Website for scraping, automated data mining, large-scale information collection, creation of parallel databases or commercial exploitation of content without the Seller written authorisation.
  • Any attempt to interfere with the Website IT systems, including vulnerability testing, unauthorised access, distribution of malware or artificial traffic generation, constitutes a breach of these Terms and may also be unlawful under applicable legislation.
  • Users must provide truthful and complete information during checkout. Creating fictitious accounts, using another person’s identity, employing tools to conceal the origin of communications or engaging in conduct intended to obstruct anti-fraud checks is prohibited.
  • Any use of the Website intended to circumvent quantity limits, promotional rules or Product allocation mechanisms constitutes a breach of these Terms and may result in cancellation of the Order, in accordance with the Seller powers under the Article governing Orders and the Seller conditions.
  • The Seller may adopt technical and organisational measures to prevent, detect and address prohibited conduct, including precautionary suspensions, access restrictions, Order cancellations and reports to competent authorities where provided by law.

17. APPLICABLE LAW AND DISPUTES

  • These General Terms and Conditions of Sale are governed by Italian law, with reference to Legislative Decree No. 70 of 9 April 2003 and the Consumer Code (Legislative Decree No. 206 of 6 September 2005).
  • In accordance with Articles 141-bis et seq. of the Consumer Code, Consumer Customers may refer disputes concerning the interpretation, performance or validity of these General Terms and Conditions of Sale to Italian alternative dispute resolution (ADR) bodies. ADR bodies listed in the official register of the Ministry of Justice operate under applicable law and may be contacted by Customers in accordance with their respective rules.
  • Before bringing court proceedings, the parties may attempt mediation through a mediation body registered in the relevant register established by the Ministry of Justice, pursuant to Legislative Decree No. 28/2010.
  • Consumer Customers retain the right to bring proceedings directly before the ordinary courts. Pursuant to Article 66-bis of the Consumer Code, mandatory territorial jurisdiction lies with the court of the Consumer’s place of residence or domicile, if located in Italy.
  • If the Buyer does not qualify as a Consumer under the Consumer Code, these General Terms and Conditions of Sale apply in accordance with ordinary civil law.
  • For such Buyers, Articles 141-bis et seq. of the Consumer Code concerning alternative dispute resolution mechanisms and the territorial jurisdiction provisions applicable to Consumer Customers do not apply.

18. CUSTOMER SERVICE AND COMPLAINTS HANDLING

  • For information requests, Order assistance, Product-related reports, exercise of statutory rights or any communication relating to use of the Website, Customers may contact Customer Service using the methods indicated in Article 6 of the “Relevant Rules” section of these Terms and Conditions.
  • When submitting a complaint, the Customer must clearly state the reason for the report, the Order number and any documentation useful for assessment (such as Product photographs, a detailed description of the issue or screenshots of an error). The request will be recorded and handled under Scorpion Bay S.p.A internal procedure; a written response will be sent to the Customer once the investigation is complete.
  • Customer Service operates Monday to Friday, 9:00 a.m. to 5:30 p.m., excluding public holidays. Communications received outside these hours are deemed received on the next working day.

19. INTELLECTUAL PROPERTY

  • SCORPION BAY is a registered trademark. All content on the Website (including text, images, trademarks, logos, graphics, layouts, design elements, databases, software and any other digital material) is owned exclusively by Scorpion Bay S.p.A. or licensed to it by authorised third parties and is protected by applicable copyright, industrial property and competition laws.
  • Accessing the Website and purchasing Products do not grant the Customer any rights to the content or any permission to reproduce, modify, distribute, publish or otherwise use it beyond what is strictly necessary for browsing and purchasing.
  • Any unauthorised use of Website content, including copying, systematic extraction, graphic adaptation, publication on other digital channels or registration of distinctive signs conflicting with the owner rights, constitutes an infringement of intellectual property rights and may be pursued before the competent authorities or courts.
  • The Customer undertakes to use the Website in compliance with the rights of Scorpion Bay S.p.A. and any third-party rights holders, assuming responsibility for unlawful, improper or infringing uses.

20. ENTIRE AGREEMENT CLAUSE

  • These General Terms and Conditions of Sale constitute the sole agreement between the Customer and the Seller concerning the purchase of Products through the Website and supersede in full any prior understanding, communication or agreement, whether oral or written, relating to the same subject matter.
  • No statement, undertaking or condition not expressly included in these General Terms and Conditions of Sale shall be binding on the Seller. Any information, descriptions or indications published on the Website are provided for information purposes and do not supplement or amend the Contract unless clearly and expressly included in the Order summary or Order Confirmation.
  • Any addition to this Contract is valid only if made in writing by the Seller and published on the Website, taking effect for Orders submitted after publication, unless otherwise required by law or specifically communicated by the Seller.
  • If one or more provisions of these General Terms and Conditions of Sale are invalid, void or unenforceable, the remaining provisions shall remain valid and fully effective. The affected provision shall be deemed replaced by a clause compliant with applicable law and as consistent as possible with the original purpose.

21. INTERNATIONAL CUSTOMERS

  • For consumer Customers residing in an EU Member State who purchase directly from Scorpion Bay S.p.A through the Website, these General Terms and Conditions of Sale apply, with a contractual extension of the withdrawal period to 30 days compared with the minimum 14-day period required by European distance-contract legislation. Mandatory consumer protection provisions under the law of the Customer country of habitual residence remain applicable and prevail where they provide a higher level of protection, including with regard to the statutory guarantee of conformity.
  • In the event of discrepancies between the Italian version of these General Terms and Conditions of Sale and translations made available in other languages for information purposes, the Italian version shall prevail, without prejudice to the mandatory rights granted to the Customer under the law of their country of habitual residence.
  • The clauses concerning applicable law, competent courts, the right of withdrawal, the statutory guarantee and liability must be read together with this Article. Where the law of the Customer country of residence provides mandatory consumer protection rules that cannot be derogated from to the consumer detriment, those rules shall prevail over these General Terms and Conditions of Sale, which shall apply supplementarily insofar as compatible.

22. AMENDMENTS AND UPDATES

The Seller may update or amend these General Terms and Conditions of Sale at any time, including to reflect legislative changes or new Website features. Updated versions are published on the Website and apply to Orders submitted after publication. The Terms in force when an Order is submitted remain applicable to that individual purchase.